Contracting Parties
Based on these General Terms and Conditions (GTC), a contract is concluded between the customer and the sole proprietorship Backtop, represented by Alev Bozkurt, located at Bleichstraße 126, 33607 Bielefeld, Germany, with contact information as follows:
Tel: 0157 581 99 005
Fax: 0521 3296586
Email: info@backtop-baeckereimaschinen.de
VAT identification number: DE316375339
Hereinafter referred to as the “Provider”.
Subject Matter of the Contract
This contract governs the sale of new and used devices in the bakery and gastronomy sector through the provider’s website. For the details of each offer, please refer to the product description on the offer page.
Conclusion of the Contract
The contract is concluded in electronic commerce through other means of distance communication, such as telephone and email. The presented offers constitute a non-binding invitation to the customers to place an offer through an order, which the provider can then accept.
Orders can be placed through the online shop system or via distance communication means (telephone/email). The order process, leading to the conclusion of the contract, includes the following steps:
Call to the order hotline/sending of the order email
Confirmation email that the order has been received
The contract is concluded upon the dispatch of an order confirmation. The automatically generated and sent order confirmation does not represent a legally binding declaration. The contract is also concluded by the dispatch of the goods or the provision of the service.
Contract Duration
The contract is concluded for an indefinite period.
Retention of Title
The delivered goods remain the property of the provider until full payment is made.
Reservations
The provider reserves the right not to provide the promised service in the event of unavailability.
Prices, Shipping Costs, Return Costs
In addition to the final prices, additional costs may arise depending on the shipping method, which will be indicated before the order is dispatched. If there is a right of withdrawal and it is exercised, the customer bears the cost of the return shipment.
Payment Conditions
The customer has the following payment options: advance payment, invoice upon delivery, cash payment upon pickup. No other payment methods are offered and will be rejected.
The invoice amount must be transferred in advance to the account specified in the invoice, which contains all the necessary information for the transfer and is sent via email. The invoice amount can also be paid in cash at the provider’s premises during regular office hours, with the deduction of the incurred shipping costs. The customer is obliged to deposit or transfer the specified amount on the invoice to the indicated account within 14 days after receiving the invoice. Payment is due without deduction from the invoice date. The customer is only in default after a reminder.
Delivery Conditions
The goods will be shipped promptly after confirmed receipt of payment. The average shipping time is within 3 days. The provider undertakes to deliver within 5 days after receipt of the order. The standard delivery time is 5 days unless otherwise specified in the item description. The provider ships the order from its own warehouse as soon as the entire order is available in stock. The customer will be promptly informed about any delays.
Contract Design
The customer has no possibility to directly access the stored contract text.
Right of Withdrawal and Customer Service
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day,
• In the case of a purchase contract: on which you or a third party designated by you, who is not the carrier, take(s) possession of the last goods.
• In the case of a contract for multiple goods that the consumer has ordered as part of a single order and which are delivered separately: the date on which you or a third party designated by you, who is not the carrier, take(s) possession of the last goods.
• In case of a contract for multiple goods ordered by the consumer as part of a single order and delivered separately: on which you or a third party designated by you, who is not the carrier, take(s) possession of the last goods.
• In the case of a contract for the delivery of goods in multiple partial shipments or pieces: on which you or a third party designated by you, who is not the carrier, take(s) possession of the last partial shipment or piece.
• In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party designated by you, who is not the carrier, take(s) possession of the first goods.
• In the event of multiple alternatives, the respective last date is decisive.
To exercise your right of withdrawal, you must inform us (sole proprietorship, Alev Bozkurt, Bleichstraße 126, 33607 Bielefeld, Germany, 0157 581 99 005, info@backtop-baeckereimaschinen.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including the delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the inexpensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (sole proprietorship, Alev Bozkurt, Bleichstraße 126, 33607 Bielefeld, Germany, 0157 581 99 005, info@backtop-baeckereimaschinen.de) without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of the withdrawal policy
Disclaimer
Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health, or essential contractual obligations that must necessarily be fulfilled in order to achieve the contractual purpose. This also does not apply to claims for damages based on grossly negligent or willful breach of duty by the provider or its legal representative or vicarious agent.
Prohibition of Assignment and Pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
Language, Jurisdiction, and Applicable Law
The contract shall be written in German. The further execution of the contractual relationship shall be in German. The laws of the Federal Republic of Germany shall exclusively apply. This shall only apply to consumers to the extent that no statutory provisions of the state in which the customer has his or her habitual residence or primary place of abode are restricted. The place of jurisdiction is the registered office of the provider in the event of disputes with customers who are not consumers, legal entities under public law, or special funds under public law.
Severability Clause
The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.